Angola: Decree No. 48 of 1994, Regulation on the Legal Regime of Foreigners

[Summary: approve the Regulation on the legal regime for foreigners and repeal all the legislation which contradicts the precept of this regulation.]

CHAPTER I - FREEDOM OF MOVEMENT

Article 1 (Limitation of movement)

1.   The limitations determined by security reasons decided by the Ministry of Interior must be published within a period of 10 (ten) days.

2.   Foreigners who intend traveling to areas covered by the limitations determined by reasons of public security must be bearers of a transit permit whose regiment will be regulated by the Ministry of Interior.

3.   In cases of travelling being on duty between normal residence and working places, the transit permit is not required.

CHAPTER II - BORDER POSTS

Article 2 (Entry and Exit)

1.   Entry and exit from the national territory through land borders, maritime and aerial posts must be carried out on the pre-established days and hours except in cases of extreme necessity determined by those in charge of the respective posts and borders.

2.   Exceptionally and for reasons of civic-popular, religious and sports manifestations which take place in the proximities of the borders, authorisation for the usage of the border posts may be granted outside the said pre-established days and hours, so that national citizens and foreign residents in the perimeters of the border can witness the respective events.

Article 3 (Opening of border posts)

1.   The opening of terrestial border posts for entry and exit from the national territory is carried out through a previous agreement between the Angolan authorities and those of the Countries with which the Republic of Angola establishes an agreement in this regard

2.   When dealing with the opening of maritime and aerial border posts for entry and exit from the national territory, a joint dispatch of the Ministries of Interior, Finance and Transport and Communications is compulsory.

Article 4 (Closure of border posts)

The Minister of Interior can order the closure of border posts, whenever there occurs cases such as the state of siege or emergency, catastrophies, calamities or when security reasons so demand.

Article 5 (Guarantee of the means of subsistence)

1.   Proof of the means of subsistence, in cases of transit, short-term and normal visas, is done through previous declaration of the value to the entity issuing the visas and later presentation at the border post of an amount of one hundred ($ 100.00) dollars or any other convertible currency for each day of stay within the national territory.

2.   In case of travelling for medical treatment, the officer of the Department of Migration and Frontiers must request proof of admittance or consultation from an officially recognised hospital unit, the date of booking treatment as well as a guarantee of coverage of expenditures.

3.   Presentation of proof of the means of subsistence is not required from applicants requesting Diplomatic and Official visas and children under fourteen (14) years of age when accompanied by their lawful representative or by whoever exercises paternal authority.

CHAPTER III - PROHIBITION OF ENTRY

Article 6 (Opposition to the prohibition)

It is the responsibility of the Courts to send to the Department of Migration and Frontiers of Angola, within thirty (30) days, extracts of the condemning sentence issued against foreign citizens serving heavy prison sentences for purposed of prohibiting entry.

Article 7 (Prohibition of entry of expelled foreigners)

1.   Prohibition of entry of a foreign citizen expelled from the Angolan territory has a minimum duration of three (3) years from the date of compulsory departure.

2.   This period can be extended on the basis of reasons which presided over the expulsion.

CHAPTER IV - ENTRY VISA

Article 8 (Competence)

1.   The issuing of Diplomatic or Official visas are the responsibility of the Ministry of Foreign Affairs through the Diplomatic Missions and Consulates of the Republic of Angola abroad.

2.   The issuing of consular visas is the responsibility of the Head of the Consular Mission and of the lawful substitute during absences or impediments of the former.

Article 9 (Documentation)

1.   The request for an entry visa should be accompanied by the following documentation:

a)         properly filled form in duplicate;

b)         two latest passport photos of the applicant;

c)         valid passport or any other travel document that is recognised by the authorities in terms of article 13 of Law Nr. 3/94 of the 21st of January;

d)         proof of the means of subsistence.

2.   In cases of working visas and fixing of residence, the applicants must also present a contract of work or a declaration pledging to respect Angolan laws, a certified criminal record and a medical certificate of the normal Country of residence of the applicant.

3.   In case of travelling for family, religious, scientific, business or tourism reasons, the applicant must present documentary proof inherent to the purpose of dislocation.

4.   In case of travelling for reasons of study, the request must be attended through confirmation that the applicant has secured school attendance through documentary proof of registration in an officially recognised educational establishment or that the applicant is a beneficiary of an educational grant in Angola.

5.   In case of travelling for medical treatment, the applicant must present documentary proof of admittance or consultation guaranteed in one of the officially recognised hospital units, the date of booking treatment, as well as a guarantee of the coverage of expenditures.

Unique: - Presentation of proof of the means of subsistence is not required from applicants requesting Diplomatic and Official visas and children under fourteen (14) years of age when accompanied by their lawful representative or by whoever exercises paternal authority.

Article 10 (Request for an entry visa)

1.   The request for an entry visa is done in a proper form, signed and presented with all necessary documents.

2.   When the applicant is under age or incapable, the request must be signed by the respective lawful representative or by a person responsible for his protection or by whoever exercises the paternal authority.

3.   The request must be made personally by the applicant unless when duly justified with the reasons for exemption written in the application form.

Article 11 (Request elements)

For a request of an entry visa, the following is required:

a)         complete identification of the applicant and, in case of being the bearer of a collective passport, identification of those to benefit from the visa;

b)         purpose of the visit the national territory;

c)         number of the travel document, its validity and the identity of the issuing authority;

d)         period of stay in Angola;

e)         two latest passport photos.

Article 12 (Processing)

1.   Upon receipt of the request for a visa, it must be registered, stating the name of the applicant, number of the request order, date, type of visa and documents received.

2.   To the applicant, a receipt is given as proof of the presentation of the request for a visa.

Article 13 (Instruction of the request)

1.   In the instruction of the request of the entry visa, the Consular authority must:

a)         prove the identity of the applicant;

b)         demand presentation of necessary documents for clarification of any doubts concerning elements contained in the request;

c)         motives of the applicant in requesting a visa in a Country other than the one of normal residence and, if he/she is regularly established in the former;

d)         the socio-economic situation of the applicant and the period of stay and whether are these adequate for the cost and motive of the journey;

e)         validity of the travel document for entry into Angola.

2.   The applicant may be called, to the Consular Mission, at any stage of the process, for the purpose of clearing elements convinient for the instruction and decision of the request.

Article 14 (Issuing of visas)

1.   Visas can only be issued in passports or any travel document in terms of article 31 of Law Nr. 3/94 of the 21st of January.

2.   The period of stay within the national territory cannot exceed the limit of validity of the passport or travel document and the period effectively requested by the applicant.

3.   In case of a collective passport, whenever possible, the person or persons to benefit should be identified.

4.   The Consular authority can turn down requests for visas when they are incomplete or insufficiently substantiated.

Article 15 (Issuing of short-term transit visas)

1.   The issuing of transit and short-term visas inside the Country is the responsibility of the head of the respective border post.

2.   For issuing of a short-term visa, the applicant must substantiate the unforeseen reasons, which unabled him/her to request for a visa from the competent Angolan authorities, having the person in charge of the border post appreciate the proof presented by the applicant, taking into account the purpose of the journey, means of subsistence and the remaining circumstances of the case and the payment of taxes in accordance with the chart of the consular fees.

3.   For issuing of transit visas, the passenger or crew member on a continuous journey must provide reasons which determined the interruption of the journey within the national territory and the payment of the taxes.

Article 16 (Issuing of visas for work and fixing of residence)

1.   For issuing of a visa for work and fixing of residence, the person in charge of the Consular Mission must, having the non-existence of any restrictions for the rejection of the request, refer the duly elaborated process to the Department of Migration and Frontiers of Angola, accompanied by his/her opinion on its admissibility.

2.   Visas for work and fixing of residence also cover the husband/wife and children under the care of the applicant.

Article 17 (Procedures of the request for ordinary visas)

1.   After initiating the request for an ordinary visa, it is immediately communicated to the Department of Migration and Frontiers of Angola for the final decision.

2.   The final decision must be communicated to the Consular Mission which forwarded the request within a maximum of five (5) days after the reception of the request by the department of Migration and Frontiers of Angola.

Article 18 (Procedures of the request for a visa for work)

1.   Having the request for a visa, it is the duty of the Department of Migration and Frontiers of Angola to, within ten (10) days, check the information and refer to the Ministry of Public Administration, Employment and Social Security or the custodian Ministry according to each case.

2.   After the opinion of the Ministry of Public Administration, Employment and Social Security or the custodian Ministry, the Department of Migration and Frontiers of Angola will approve or reject the request.

3.   The decision of the Department of Migration and Frontiers of Angola must be communicated within three (3) days to the Diplomatic Mission or Consulate and the applicant for information and to deposit the guaranty for repatriation in cases where the request was approved.

Article 19 (Refunding of the guaranty for repatriation)

1.   The request for the refund of the guaranty for repatriation must be presented by the applicant or his lawful representative to the Department of Migration and Frontiers of Angola.

2.   Proof that the foreign citizen left the national territory voluntarily must be given together with a declaration issued by the person in charge of the border post, which should indicate the date of departure.

3.   Refunding of the guaranty for repatriation is the responsibility of the National Director of Migration and Frontiers of Angola who can entrust it to Provincial Directors.

Article 20 (Procedures for the request of a visa for fixing residence)

1.   After initiating the request for a visa for fixing of residence, it is the duty of the Department of Migration and Frontiers of Angola to take a decision within thirty (30) days, having concluded the inquiry for necessary proof.

2.   The Diplomatic Mission or Consulate must be notified of the decision within eight (8) days.

Article 21 (List of visas issued)

1.   The Diplomatic Missions and Consulates must send, on monthly basis, to competent organs of the Ministry of Foreign Affairs, lists of visas issued stating the order number, name and nationality of the applicant, number and type of travel document, type of visa issued and the period of validity.

2.   The lists referred to in Nr.1 of this article must also include proof of authorisation for visas issued as well as for rejection.

Article 22 (Declaration of accomodation)

1.   The declaration of accomodation must be made on printed material whose model is to be approved by dispatch of the Minister of Interior showing the respective photocopy of the travel document.

2.   The entity which receives the declaration for accomodation must check elements contained in the photocopy of the travel document of the foreign citizen against those in the declaration.

3.   Declarations of accomodation received by the National Police are sent, within five (5) days, to the Department of Migration and Frontiers of Angola in the area of jurisdiction.

Article 23 (Prohibition of departure)

Competent authorities can prohibit the departure of a foreign citizen if:

a)         there is a judicial decision or police order prohibiting the departure from the national territory;

b)         in case of violation of customs duties and regulations.

Article 24 (Departure formalities)

1.   The departure of a foreign citizen from the national territory must be processed in the presence of a officer of the Migration and Frontiers of Angola in charge of controlling the border post and following an earlier presentation of a valid passport or any other travel document with an exit visa.

2.   If the documentation is in order and there is no impediment for departure of its bearer, the officer controlling the border post stamps in the passport or travel document the registration of departure after the payment of the relevant stamp in terms of Nr.3 of article 34 of Law Nr. 3/94 of the 21st of January.

3.   If the exit is carried out with faulty documents in which it is not possible to register the departure with the stamp, it is stamped in the international embarkation card.

CHAPTER V - AUTHORISATION OF RESIDENCE

Article 25 (Presentation of the request)

1.   The request for authorisation of residence must be presented to the Department of Migration and Frontiers of Angola or in its Provincial Offices up to sixty (60) days before the expiry of the visa for fixing of residence.

Article 26 (Request for authorisation of residence)

1.   The request soliciting authorisation of residence is made in a proper form signed by the applicant or his/her lawful representative.

2.   The request for authorisation of residence of an under age must be made up to ninety (90) days before the child completes fourteen (14) years of age, with the concession requested whenever the applicant needs to prove his/her status as resident.

Article 27 (Documentation)

1.   The request for concession of authorisation of residence must be accompanied by the following documentation:

a)         photocopy of a valid passport;

b)         visa for fixing of residence;

c)         three passport photos;

d)         proof of means of subsistence and accomodation;

e)         proof of family relationship whenever necessary;

f)          photocopy of consular registration certificate;

g)         criminal record.

2.   The applicant is given a receipt as proof of authorisation for presentation of request for the concession or renewal of residence with the validity of ninety (90) days for the first and thirty (30) days for the second.

Article 28 (Identity card)

1.   Once the request for authorisation of residence has been approved, the applicant is given an individual identity card whose characteristics are determined by the Minister of Interior.

2.   The identity card is handed over following its signature unless it is stated in the declaration that the bearer does not know how to sign.

Article 29 (Rejection of the request)

In case of rejection of the request for authorisation of residence or without cancellation, the applicant is notified so as to be invited to voluntarily leave the national territory.

Article 30 (Signature of the authorisation of residence)

1.   The authorisation of residence is signed by the National Director of Migration and Frontiers of Angola who can entrust the competence to the immediate hierarchical level.

2.   The placing of the models of signatures of the authorities mentioned in the previous number in the Department of Migration and Frontiers is obligatory.

Article 31 (Remittance of process in case of change of house)

Having communicated the change of the house to the Department of Migration and Frontiers from the area of residence, the applicant must send the migratory process of the foreign citizen for the necessary annotation.

Article 32 (Process of expulsion)

The process of expulsion must state the minimum period of three (3) years of prohibition of entry into the national territory in terms of paragraph a) of article 16 of Law 3/94 of the 21st of January.

Article 33 (Appeal against decision of expulsion issued by DNEFA)

The Minister of Interior can intervene within five (5) days of notification of the applicant on the decision of expulsion issued by the National Director of Migration and Frontiers of Angola.

Article 34 (Execution of the decision of expulsion)

1.   Once expulsion has been decreed, it is the duty of the Department of Migration and Frontiers of Angola to:

a)         notify the interested party and invite the same to leave the national territory within a period of ten (10) days;

b)         order the detention of the interested party and lead him/her to the border post of exit following expiry of the established period;

2.   In spite of the stated in this article, whenever the circumstances so demand, notification and execution of the order of expulsion can be done at the same time.

CHAPTER VI - PENALTY

Article 35 (Limit for payment of penalties)

Limit for the payment of penalties established in terms of article 70 of Law 3/94 of the 21st January is ten (10) days from the date of its application.

Article 36 (Instruction of a lawsuit)

1.   It is the duty of the Department of Migration and Frontiers of Angola to instruct a lawsuit once the period established for the payment of penalties has expired.

2.   The said lawsuit should be referred to the Police Court or competent judicial organs.

CHAPTER VII - TRANSITORY DISPOSITIONS

Article 37 (Resolution of doubts and omissions)

Doubts and omissions emanating from the application of the present regulation will be resolved through the dispatch of the Minister of Interior.

Article 38 (Revocation of the previous legislation)

Every legislation which contradicts the precept of this regulation.